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40 U.S.C. 121(c); 31 U.S.C. 101 et seq.; Reorganization Plan No. 2 of 1970, 35 FR 7959, 3 CFR, 1066-1970 Comp., p. 1070; E.O. 11541, 35 FR 10737, 3 CFR, 1966-1970 Comp., p. 939; and OMB Circular No. A-126 (Revised May 22, 1992), 57 FR 22150.
90 FR 58425, Dec. 16, 2025, unless otherwise noted.
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(a) If the requirements are met for operating an in-house aviation program contained in OMB Circular A-76, and OMB Circular A-11, Part 2, Section 25.5, and Section 51.18, subparagraph (d), you may:
(1) Acquire Federal aircraft when—
(i) Aircraft are the optimum means of supporting your agency's official business;
(ii) You do not have aircraft that can support your agency's official business safely and cost-effectively;
(iii) No commercial or other governmental source is available to provide aviation services safely and cost-effectively; and
(iv) Congress has specifically authorized your agency to purchase, lease, or transfer aircraft and to maintain and operate those aircraft;
(2) Acquire CAS when—
(i) Aircraft are the optimum means of supporting your agency's official business; and
(ii) Using commercial aircraft and services is safe and is more cost effective than using Federal aircraft, aircraft from any other governmental source, or scheduled air carriers.
(b) When acquiring aircraft, aircraft selection must be based on need, a strong business case, and life-cycle cost analysis, which conform to OMB Circular A-11, Part 2, Section 25.5.